Cal. Civ. Code § 797-C
Commencement; notice of petition; petition
Operative Text
§ 797-c. Commencement; notice of petition; petition. 1. The proceeding shall be commenced by the filing of a notice of petition and petition with the clerk of the court. A notice of petition may be issued by an attorney, judge, or clerk of the court. 2. The notice of petition shall specify the time and place of the hearing on the petition and state that if the respondent shall fail to appear at such time and place to interpose any defense, the respondent may be precluded from asserting such defense. 3. The office of court administration shall promulgate instructional materials in which tenant-petitioners may find guidance on how to commence the special proceedings. Such instructional materials shall be in plain, accessible language. Such instructional materials shall be published in English, Spanish and in other languages spoken by limited-English proficient individuals in any judicial district as needed.
Under N.Y. Real Prop. Acts & Proc. Law § 797-C, a special court proceeding begins when a notice of petition and petition are filed with the court clerk, and that notice may be issued by an attorney, a judge, or the clerk. The notice must state the scheduled hearing time and place, and must warn the respondent that failing to appear could result in losing the right to raise certain defenses. The Office of Court Administration is required to produce plain-language instructional materials—available in English, Spanish, and other languages as needed—to help tenant-petitioners understand how to start these proceedings.
Plain English — not legal advice.
Property owners and managers named as respondents in a proceeding under § 797-C should be aware that the notice of petition will specify a hearing date, time, and location, along with a warning that non-appearance can forfeit the ability to raise defenses. Operators who receive such a notice generally take steps to appear at the designated hearing and present any applicable defenses at that time. Familiarity with the procedural requirements of § 797-C helps property managers understand the formal steps that initiate this type of court action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 797-C, tenants who wish to initiate a special proceeding can do so by filing a notice of petition and petition with the court clerk, and an attorney, judge, or clerk may issue the notice. The Office of Court Administration is required to publish accessible, multilingual instructional materials to help tenant-petitioners navigate how to commence these proceedings, which can be a useful starting point. Tenants seeking guidance on using § 797-C may also consult a local tenant-rights organization or legal aid office for general information about the process.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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